1. Will I be arrested if I use different trademarks on the same clothes?
If the product logo is similar to the trademark but the actual appearance is completely different, it also constitutes infringement.
Article 52 of my country’s Trademark Law clearly stipulates that without trademark registration It is a clear infringement to use the same or similar trademark as its registered trademark on goods of the same or similar category without authorization from the owner.
Any of the following behaviors will be considered as infringement of the registered trademark Exclusive rights: First, use the same trademark as the registered trademark on the same type of goods without the consent of the registered trademark owner; secondly, use the same type of trademark as the registered trademark on the same type of goods without the consent of the registered trademark owner. A registered trademark that is similar to a trademark, or the use of an identical or similar trademark on similar goods may cause confusion.
Article 57 of the Trademark Law
Anyone who commits any of the following acts shall infringe the exclusive right to use a registered trademark:
(1) Use on the same or similar goods without the permission of the trademark registrant Trademarks that are identical or similar to its registered trademark
(2) Sales that infringe on registered trademarks
(3) Counterfeiting or unauthorized production or sale of registered trademarks of others Forgery or unauthorized creation of registered trademarks
(4) Without the trademark registrant Agree, change its registered trademark and put the goods with the changed trademark into the market
(5) Causing other damage to the exclusive right to use registered trademarks of others.
2. Will the trademark remain valid after the company is cancelled?
When the company is cancelled When a company declares dissolution, its trademarks will often become invalid.
Prior to this, if the company has taken effective actions to transfer the relevant trademarks, Then the validity of the trademark can be continued.
In publicAfter the company is dissolved, the trademark still has one year for it to be transferred, or you can choose to apply to the Trademark Office for cancellation of the trademark.
If the transfer of the trademark has not been completed when the company is dissolved, but its ownership has been determined , then the company can separate the trademark from the company through transfer.
It should be noted that the transfer of trademark rights is different from the transfer of trademark rights. , it is not a legal act between the two parties, but is caused by the incident of elimination by the successor.
As long as the successor clearly expresses his willingness to take over the trademark rights and performs the transfer to the Trademark Office The procedures for registering a trademark can realize the smooth transfer of trademark rights.
Regarding the transfer of registered trademarks, both the transferor and the transferee should report to the Trademark Submit an application for transfer of registered trademark to the bureau.
The application procedure for transferring a registered trademark must be handled jointly by the transferor and the transferee.
After the Trademark Office approves the application for transfer of a registered trademark, it will be issued to the transferee Corresponding supporting documents will also be announced.
If when transferring a registered trademark, the trademark registrant fails to transfer it in the same category or category If the same or similar trademark registered on similar goods is transferred together, the Trademark Office will notify the party to make corrections within the specified period; if it fails to make corrections within the prescribed time limit, it will be deemed to have given up the application to transfer the registered trademark, and the Trademark Office will notify it in writing applicant.
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